Rights of Nature in International Law
摘要
While rights of nature have so far been discussed and implemented primarily at the national and sub-national levels, they have not yet been explicitly incorporated into international law. Yet, as the environmental crises of the Anthropocene are global crises that transcend national borders, the question of implementing environmental protection instruments such as rights of nature also arises at the international level. Against this background, the chapter seeks to analyze the present and potential future status of rights of nature in international law. It first looks at the roots and emergence of rights of nature at the international level, after which it analyzes the potential benefits of international rights of nature. It then turns to existing physiocentric provisions in international law as entry points for implementing rights of nature at the international level, discusses the possibility of recognizing international rights of nature de lege lata and presents a model provision for adopting international rights of nature de lege ferenda.